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H4 EAD Renewal

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Posted by LongWait4EAD (3) 09 Aug 2015#1
Hello,

I am on H1b visa which expires in September 2015. My spouse received EAD through H4 to EAD conversion which will be valid till the same date as of my H1 expiry. I have applied for my H1 and wife's h4 visa extension through premium processing and is still pending.

My wife had an job offer in hand and her employer wanted her to start ASAP so we didnt wait for my H1 extension and applied for EAD. She is currently working on ead. Now we will apply for her EAD renewal. My question is will my wife still be able to work on a pending h4 ead renewal ( like OPT EAD) or she will have to wait till she receives her new EAD?

Thanks in advance!!!!
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Posted by snayani (11) 10 Aug 2015#2
to LongWait4EAD:

Yes, she can work as long as the application is pending and USCIS lets their decision know.
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Posted by LongWait4EAD (3) 10 Aug 2015#3
to snayani:

Thank you for replying. Do we have to inform her employer or submit any proof of renewal?
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Posted by snayani (11) 10 Aug 2015#4
to LongWait4EAD:

That would be better. You can also call USCIS and ask them explaining your situation
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Posted by Calyan (9) 18 Aug 2015#5
to LongWait4EAD:

You should have applied for H1 extension (Premium) + H4 extension + H4 EAD renewal concurrently.

As far as I am aware: You cannot work on pending EAD application, even though you have filed the renewal before expiration of you current H4 EAD card. This is my understanding and should not be considered as legal advice.
Please call USCIS on this matter or reach-out to an experienced immigration attorney.
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Posted by smgc (27) 16 Sep 2015#6
Dear Forumites,
I need some advice on filing the H4 EAD.
Questions:
1) my H1 expires on Feb 2016, so do I apply for the H4 EAD now or later? If I apply now, will USCIS approve it till Feb and then I have to renew it again?
2) Can my wife work during the phase say when her EAD has expired and new EAD card has been applied. This assuming the scenario that I apply the EAD now, USCIS grants till Feb and then I renew.
3) My wife is working now and she is on OPT. Do you think I should apply the H4 EAD concurrently with COS to H4 using a future date?
4) If anwer to question 3 is Yes, will USCIS even consider a future dated application? This is again considering the assumption that USCIS grants EAD till the end of H1 term and if my term end Feb 2016 then how can I request my wife's EAD to start from March 2016.
5) Overall pros and cons of putting a future date on the H4+EAD application VS leaving the date field blank on the H4+EAD application?
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Posted by Calyan (9) 16 Sep 2015#7
to smgc:

Let me reiterate your case - your current H1-B expiring Feb 2016, your spouse OPT is expiring March 2016.

For 1) Under one of you 5 question you have mentioned your spouse is on OPT, which means she is on F1 currently. In order to obtain H4 EAD, she has to get her H4 COS approved first.

For 2)No, your spouse cannot work when EAD application is pending (This is not similar to pending H1-B application)

For 3) 4) 5) below is what I would do if I am in your situation.
I will do a concurrent filing of H1B+H4+EAD applications, as Feb 2016 is within 6 months from now - H1-B extension can be filed. Also when filing EAD with H4 concurrently, EAD is approved based on H4 application approval status. So your spouse should be receiving validity based on H1-B/H4 approval duration.

This is my understanding and should not be considered as legal advice.
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Posted by ltIndian (35) 20 Nov 2015#8
Hi,

I'm thinking to change my wife's visa status from H4 to H4-EAD so that she would be able to work in US from Next Year, Anybody who has already applied please share the steps for this whole process, I'm new to this forum. Hope you guys will provide the best information.Thanks
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Posted by Rosha91 (112) 02 Dec 2015#9
I am filing H1 and H4 extension in premium and want to include H4 EAD renewal along with it so that it gets approved along with H4.
For this do we have to sent all 3 applications to the same USCIS address or each to their separate USCIS processing center?
Anyone who got all 3 approved together ,please shed some light.
My attorney is not much helpful
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Posted by samanta (17) 15 Dec 2015#10
I am in the same boat. My H4 EAD expires on may 2016. Do I need to quit my job in case I don't get extended H4 EAD in my hand withing May 2016?

Thanks in Advance!
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Posted by luckynaren (33) 15 Dec 2015#11
to samanta:

I am in the same boat. My H1 expires on 06th Fe 2016, My wife is working on H4 EAD.
I am applying for my H1 extension in premium and my attorney asked me to send my wife's EAD copies and 765 form also so we can apply all 3 at the same time.
She said, they will extend all the 3 at the same time and she must be sending to the same address. Once I get some response, I will update you.
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Posted by samanta (17) 12 Jan 2016#12
Hi All,


My current scenario is ,our employer is ready to do a premium processing for my husband's H1 extension and my H4. We have asked them to submit my H4EAD extension as well. But they said it is only possible once we get receipt for visa extension. As in I765 form it ask for the receipt number for Principal H1.

My question is to all the people who has submitted all 3 cases together , did you guys left the filed 'blank' for H1 Receipt number or submitted EAD extension after you got it?

Thanks in Advance.
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Posted by RK123456 (5) 13 Jan 2016#13
to samanta:

I would like to get an answer to the same question.
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Posted by krispy (20) 15 Jan 2016#14
Hello Members,

Sorry for diverting from the question of original post. My Current H1 petition expires on June so does my spouse's EAD.
My H1 extension got approved this week. The new H1 petition says it is effective only from May 31 2016. In this case, Can I apply by spouse EAD renewal on march ( 4 months prior) with new H1 petition ( since it is effective only from May) ? Or I can only apply after May 31 which might cause problem (since it takes 2-3 months for EAD renewal)


Thanks in advance.

Krispy
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Posted by praveenganga (19) 17 Jan 2016#15
When H4 EAD renewal is pending can I continue to work?
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Posted by pkonda (16) 19 Jan 2016#16
to samanta:

We are applying extensions for H1, H4 and H4-EAD extension concurrently. In form I-765 what should we fill for the item# 18. (c)(26) eligible category? Did you guys left the field 'blank' for H1 Receipt number or submitted EAD extension after you got the H1 receipt number?
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Posted by dragon07 (76) 20 Jan 2016#17
to RK123456:

Need answer to same question. Does anyone has one please ?
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Posted by dragon07 (76) 20 Jan 2016#18
to samanta:

Need answer to same question. Does anyone has one please ?
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Posted by dragon07 (76) 20 Jan 2016#19
to pkonda:

Please keep us updated if you received answer to this
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Posted by IGC2015 (9) 29 Jan 2016#20
to Rosha91:

I filed for H1B extension and change of status from L1B to H4 and also EAD application in premium
all got cleared.
To make things messy "I got no client letter RFE" and we responded with the response and got all approved for 1 year.
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Posted by VipulVGarg (37) 04 Feb 2016#21
Hello,
I am on H1-B. My wife is on H4 & have EAD. Now I have to proceed for her EAD renewal. Please advice what documents required to submit to USCIS.
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Posted by sinkboss23 (8) 07 Feb 2016#22
to VipulVGarg:

There is no separate process for renewal. It's treated as a fresh application so just follow the regular application process. The form asks for the previous EAD number which you can provide. Also the original EAD came with a perforated section to send Incase of renewal - which has a bar code. Send that with the application.
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Posted by sinkboss23 (8) 07 Feb 2016#23
to VipulVGarg:

There is no separate process for renewal. It's treated as a fresh application so just follow the regular application process. The form asks for the previous EAD number which you can provide. Also the original EAD came with a perforated section to send Incase of renewal - which has a bar code. Send that with the application.
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Posted by sinkboss23 (8) 07 Feb 2016#24
to VipulVGarg:

There is no separate process for renewal. It's treated as a fresh application so just follow the regular application process. The form asks for the previous EAD number which you can provide. Also the original EAD came with a perforated section to send Incase of renewal - which has a bar code. Send that with the application.
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Posted by ckanadia (19) 11 Feb 2016#25
Can someone please help me understand the concept of concurrent filing of H1, H4 and H4 EAD extension/renewal?

We applied for my spouse's H4 EAD in May, 2015 and it expires in April, 2016. My employer already filed for my H1 and H4 extension in Jan, 2016 in regular processing. I already have the receipt notices for the filing and waiting for the approval. Meanwhile, I am thinking to file the H4 EAD renewal using the H1/H4 extension receipt notices if it is at all possible? Can someone please help me out here?
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